ABSTRACT
On June 18, 1866, Senator James McDougall rose in debate on the bill which eventually became the Mining Law of 1866 to express his support for an amendment offered by Senator George Williams of Oregon. The amendment would have struck nearly all of the substantive details of the bill, reported by the Committee on Mines and Mining, to authorize development of the minerals owned by the United States. Had Senator Williams's amendment been accepted, essentially what would have remained was a straightforward declaration allowing persons free access to explore and occupy federal mineral lands:
That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States. 1
